STATE v. GARMON

Appeal Nos. C-080426, C-080427, C-080428

2009 Ohio 1373

State of Ohio, Plaintiff-Appellant, v. Jason M. Garmon, Defendant-Appellee.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: March 27, 2009.


Attorney(s) appearing for the Case

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Tanner B. McFall, Assistant Prosecuting Attorney, for Plaintiff-Appellant.

Samuel D. Borst, for Defendant-Appellee.


DECISION.

Per Curiam.

{¶1} The state of Ohio appeals the trial court's judgment granting defendant-appellee Jason M. Garmon's motion to suppress evidence obtained pursuant to his arrest for operating a vehicle while under the influence of alcohol ("OVI"). The arresting officer did not observe Garmon operating the vehicle while impaired. But the facts and circumstances surrounding the arrest demonstrated an effectual temporal relationship...

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